Vacate

08F-2671-ROC · Registrar of Contractors · 2009-04-27

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is scheduled to convene for hearing April 27, 2009 pursuant to this tribunal’s January 13, 2009 Order Granting Continuance. On April 24, 2009, Complainant filed via facsimile the attached correspondence (“motion”) with the Office of Administrative Hearings wherein he advised, inter alia, that he was “withdrawing” his complaint as the parties have reached a resolution of their dispute.[1] Complainant also requested that the hearing herein be cancelled and “all references on the website pertaining to this complaint” be removed. For purposes of this matter, and due to the content of the foregoing, the above-referenced correspondence will be deemed to be a motion to vacate the instant hearing pursuant to A.A.C. R2-19-111(1). Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for April 27, 2009 at 9:00 a.m. be and hereby is VACATED from the calendar of the Office of Administrative Hearings; and, IT IS FURTHER ORDERED that this matter be remanded to the Registrar of Contractors for appropriate further action. Done this day, April 27, 2009.

_______________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2009 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

Tom Hermel 6195 Avenida Del Sol Gold Canyon, AZ 85218

ETW Group, Inc. P.O. Box 4258 Apache Junction, AZ 85278

Aaron Kizer, Esq. 1001 E. Jefferson Street, Ste. 1 Phoenix, AZ 85034

By ___________________________ ----------------------- [1] The referenced correspondence was signed by Complainant and Scott Geyer on behalf of Respondent.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826